(a) On and after the first day of July, one thousand nine
hundred eighty-seven, if the commissioner determines for a given
projected quarter that the rates established under the provisions
of section ten of this article will not result in payments being
made to the unemployment compensation fund in an amount sufficient
to finance the payment of benefits during such quarter, the
commissioner shall certify such fact to the governor, and the
governor shall, by executive order, direct the commissioner to
establish a level of assessment for employees and employers in
accordance with the provisions of this section which is sufficient
to prevent, to the extent possible, a deficit in the funds
available to pay benefits to eligible individuals.

(b) Pursuant to such executive order, every employer,
contributing and reimbursable, subject to this chapter, shall be
required to withhold from all persons in his employment an
assessment which shall be in an amount not to exceed fifteen one
hundredths (15/100) of one percent of an employee's gross wages,
which amount, together with an assessment contributed by the
employer in an amount as determined in accordance with the
provisions of subsection (c) of this section, except for
reimbursable employers who shall not be assessed, shall be paid to
the bureau of employment programs on a form prescribed by the
commissioner, at the same time and under the same conditions as the
quarterly contribution payments required under the provisions of
section seven, article five, chapter twenty-one-a of this code.
The commissioner shall have the right to collect any delinquent assessments under this section in the same manner as provided for
in section sixteen, article five, chapter twenty-one-a of this
code; and in addition, any delinquency hereunder shall bear
interest as set forth in section seventeen, article five, chapter
twenty-one-a of this code.

(c) The commissioner shall establish the exact amounts of the
employers' and employees' assessments at a level sufficient to
generate the revenues needed to prevent a deficit which would
otherwise result from the payment of benefits to eligible
individuals, subject only to the limitation established in the
preceding subsection (b) of this section. After determining the
level of assessment on the gross wages of employees, the
commissioner shall determine a rate of assessment to be imposed
upon employers, except reimbursable employers, which rate shall be
expressed as a percentage of wages as defined in section three,
article one of this chapter, and which is sufficient to cause the
total statewide assessment on such employers to equal the total
statewide assessment imposed upon employees.

Notwithstanding any other provision of this section to the
contrary, the solvency assessments on employers and employees
established by this section hereby terminate on the first day of
April, one thousand nine hundred ninety.

Note: WV Code updated with legislation passed through the 2016 Regular Session
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